ABC HANSEN AFRICA (PTY) LTD

PROTECTION OF PERSONAL INFORMATION POLICY 

Preamble 

The ABC Hansen Africa Protection of Personal Information Policy (also referred to as the “Privacy Policy”) is formulated in terms of and in accordance with the Protection of Personal Information Act 3 of 2014 (“POPIA”). This policy sets out the ABC Hansen Africa’s protocols for Processing of Personal Information, as well as promoting the awareness of the rights of individuals and juristic persons whose Personal Information is processes in the course of its business. 

• DEFINITIONS 
  1. “ABC Hansen Africa” means ABC Hansen Africa Pty Ltd , a proprietary company duly incorporated in terms of the company laws of the Republic of South Africa, with registration number 1947/026496/07 and with registered office situated at 216 Propshaft Road, Samcor Park x1, Pretoria 0184 including all its business units and subsidiary ABC Hansen Namibia Pty Ltd
  2. “Data Subject” means the Person whose Personal Information is Processed.
  3. “Information Officers”means those ABC Hansen Africa officials (listed in schedule 1 hereto) appointed and registered as Information Officers with the regulator and who is responsible for encouraging compliance by the ABC Hansen Africa with the lawful Processing of Personal Information.
  4. “Law”means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.
  5. “Personal Information” means information relating to an identifiable Person as defined in section 1 of POPIA.
  6. “Process, Processing or Processed” means, without limitation, the collection, use, storage, variation, merging, linking, dissemination and destruction of Personal Information and “Further Processing” shall bear a similar meaning, but will only occur after the initial Processing of Personal Information. 
  7. “Person” means a natural or juristic person.
  8. “Special Personal Information”means Personal Information as referred to in Section 26 of POPIA.
  9. When referring to a “Duly Authorised Representative”, “Agent”or “Proxy” in this policy document, such authorisation shall be in writing and, where applicable, comply with the requirements of Chapter 1 of the Financial Intelligence Centre Act 38 of 2001 or the Consumer Protection Act 68 of 2008 and accompanying regulations or any other applicable Law as the case may be. 
• INTRODUCTION 
  1. ABC Hansen Africa is committed to serve its clients, employees and all other stakeholders to the best of its abilities and, in doing so, to protect their Personal Information. This policy aims to achieve that purpose and to ensure lawful Processing of Personal Information. 
  2. This Privacy Policy is applicable to any Person who deals, transacts with or is within the employ of the ABC Hansen Africa. To give further effect thereto, this Privacy Policy is incorporated by reference in any agreement, dealing or transaction between the Data Subject and ABC Hansen Africa in respect whereof Personal Information is provided to or collected or otherwise Processed by the ABC Hansen Africa.
  3. It is important for the Data Subject to familiarise him-/ her-/itself with the contents hereof to be adequately informed about why and how their Personal Information is Processed and their rights and entitlements under POPIA.
  4. ABC Hansen Africa has duly appointed Information Officers as prescribed by POPIA. The contact details of the Information Officers are set out in schedule 2 hereto.
• CONSENT FOR THE PROCESSING OF PERSONAL INFORMATION
  1. ABC Hansen Africa will not process personal Information without the consent of the Data Subject, either personally or on his/her/its behalf by a Duly Authorised Representative or Proxy, save where the Processing of such Personal Information is required by Law.
  2. The supply of personal Information is voluntary, unless the supply of such information is required by Law. 
  3. ABC Hansen Africa requires specific Personal Information to be provided by the Data Subject in order to inter alia carry out its business functions, serve the interests of its clients, provide its services, sell its products and perform in terms of contracts. 
  4. ABC Hansen Africa acknowledges a Data Subject’s right to object to the Processing of Personal Information. 
  5. Whilst ABC Hansen Africa acknowledges a Data Subject’s right to object to the Processing of Personal Information, ABC Hansen Africa reserves the right to withdraw or refuse its services or products where a Data Subject unreasonably refuses to consent to the Processing of Personal Information. 
• SOURCING OF PERSONAL INFORMATION

ABC Hansen Africa collects Personal Information directly from Data Subjects, save where:

Personal Information is supplied by a Duly Authorised Proxy or mandated Agent of the Data Subject;

1. the Data Subject has consented to Personal Information being collected by third parties; 
2. the collection thereof from third parties is required by Law or forms part of a public record. 

• CLASSIFICATION OF PERSONAL INFORMATION PROCESSED
  1. The following Personal Information is Processed by ABC Hansen Africa:
     1. Information identifying individuals or juristic entities, including but not limited to: names and surnames, identification or registration numbers, tax number, VAT number, passport number, sex, age, marital status, employment information, residential information or business address, nationality, citizenship, home language, preferred communication language or such other Personal Information as may be required to enter into a business relationship with the Data Subject.
     2. Financial information, including, but not limited to the Data Subject’s financial institution, bank account number, branch code, salary/income, credit score or such other financial information necessary to give effect to a transaction.
     3. Contact information, including, but not limited to physical addresses, electronic mail addresses, fax numbers, telephone numbers, mobile phone numbers, postal addresses or such other contact information necessary to maintain the business relationship between ABC Hansen Africa and the Data Subject. 
  2. ABC Hansen Africa will not process any Special Personal Information as defined by POPIA without the consent of the Data Subject, unless required by Law or otherwise justified in terms of POPIA. 
• PURPOSE OF PROCESSING OF PERSONAL INFORMATION

ABC Hansen Africa processes Personal Information for the following purposes, depending on the nature of the dealings with the Data Subject:

1. applications for credit facilities / advances;
2. applications for employment;
3. applications from goods and service providers;
4. assessing B-BBEE status; 
5. conclusion of contracts; 
6. creation and maintenance of customer databases; 
7. direct and indirect marketing; 
8. human resource purposes; 
9. legal compliance with statutory laws and regulations; 
10. maintenance of companies’ security registers; 
11. conclusion of security documents (bonds, suretyships, cessions etc.);
12. sponsorships; 
13. retail; or
14. for any matter necessary or incidental to the effective performance of ABC Hansen Africa to give effect to the above matters.

• SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES

1. ABC Hansen Africa will not share the Personal Information of a Data Subject unless this has been consented to by the Data Subject, save where the sharing of Personal Information is required by Law. 
2. ABC Hansen Africa shall take reasonable measures to ensure the confidentiality of Personal Information shared with third parties and to ensure that third parties are lawfully Processing Personal Information as prescribed by POPIA.
3. Notwithstanding clause 7.2 above and whilst ABC Hansen Africa endeavours to take reasonable steps as contemplated above, it cannot warrant lawful Processing of Personal Information by third parties with whom the Data Subject’s Personal Information has been shared. 
4. The Data Subject’s Personal Information shall be processed within ABC Hansen Africa by trained employees within the course and scope of their employment within the ABC Hansen Africa. 

• WHO RECEIVES PERSONAL INFORMATION
  1. ABC Hansen Africa shares or otherwise processes Personal Information of Data Subjects with various third parties in conducting its business operations. ABC Hansen Africa shares or otherwise Processes Personal Information with:
     1. service providers ;
     2. suppliers ;
     3. employees within the scope and course of their employment ;
     4. regulatory authorities or administrative bodies established by law
     5. industry bodies or associations where necessary
     6. it’s auditors;
     7. parties to multilateral contracts of which the Data Subject is a party;
     8. foreign regulatory bodies in the case of cross border transactions; and 
     9. Companies within the ABC Hansen Africa group as listed in Schedule 1.
  2. In the event of data sharing or Processing in terms of clause 8.1.9 above, this will typically occur where the Data Subject has dealings with more than one entity within ABC Hansen Africa group.
• TRANSBORDER TRANSFER OF PERSONAL INFORMATION 
  1. ABC Hansen Africa may from time-to-time transfer or cause the transfer of Personal Information of a Data Subject across national borders during the scope and course of its business and operations. 

ABC Hansen Africa shall endeavour to transfer Personal Information across national borders only if the recipient third party in a receiving country is subject to laws or otherwise legally binding rules or agreements affording adequate protection measures for reasonable Processing of Personal Information of a similar nature to the conditions for lawful Processing contained in POPIA. 

2. ABC Hansen Africa shall, where reasonably practicable, obtain the Data Subject’s consent prior to transferring Personal Information across national borders. 

• VARIATION, UPDATING AND RECORD KEEPING OF PERSONAL INFORMATION
  1. ABC Hansen Africa stores Personal Information collected from Data Subjects either in hard copy or electronic format. 
  2. Personal Information may be stored up to a period of 10 (ten) years, save in instances where longer storage thereof is required by law or the Data Subject has an active account with ABC Hansen Africa or otherwise consented thereto.
  3. Certain financial and transactional information which contains Personal Information of Data Subjects is stored for a period of time specified by Law. 
  4. Whilst ABC Hansen Africa takes measures to verify the Personal Information of Data Subjects, it is the shared responsibility of the Data Subject to bring any change in Personal Information or error in respect of Personal Information provided to the attention of ABC Hansen Africa. This can be done by contacting the relevant Personal Information Officer.
• PERSONAL INFORMATION SECURITY 
  1. Whereas ABC Hansen Africa processes Personal Information in both hard copy and electronic/digital formats, it is committed to have adequate security measures in place for the prevention of any compromise to Personal Information of Data Subjects under its control. 
  2. Where Personal Information is Processed in hard copy format, ABC Hansen Africa, insofar as may be reasonably practicable, stores the Personal Information in secured office space or buildings with one, more or all of the following security features, including but not limited to:
     1. locked buildings/office spaces with other security features;
     2. locked filing cabinets;
     3. SABS Type Approved Safes.
  3. Where Personal Information is Processed in electronic format, ABC Hansen Africa obtains, uses, maintains and actively seeks to improve cyber security measures that protects the integrity of data containing Personal Information and prevents unauthorised access thereto, including the following:
     1. employment and contracting of information technology specialists;
     2. specialised software aimed at the prevention of hacking, viruses, other forms of malware and cyber threats;
     3. encryption of programs and data containing Personal Information.
  4. Whilst ABC Hansen Africa takes reasonable steps to ensure the security and integrity of Personal Information, the systems in place are not immune to being compromised. In the event of Personal Information being compromised, ABC Hansen Africa undertakes to notify the Data Subject and Information Regulator of such breach in accordance with POPIA. 
• RIGHT OF ACCESS 

1. The Data Subject has the right to enquire whether ABC Hansen Africa holds any of his/her/its Personal Information and may access Personal Information held by ABC Hansen Africa.

• The Data Subject may exercise his/her/its right of access by following the procedure set out in Part V of ABC Hansen Africa’s Promotion of Access to Information Manual which can be found at our website

www abchansenafrica.co.za/popia

• WEBSITE USE 
  1. The ABC Hansen Africa Protection of Personal Information Policy is applicable to all visitors and users of its website(s). 
  2. In addition to the Personal Information Processed in clause 5 above, ABC Hansen Africa Processes certain technical information of visitors and users of its website(s) and/or their devices based on the Data Subject’s interactions with such website(s). This includes, but is not limited to internet protocol (IP) addresses, device information, time zone settings, location and browser information. 
  3. By visiting and/or otherwise making use of ABC Hansen Africa’s website(s), you consent to the aforesaid technical and other Personal Information from interactions with its website(s) being Processed. 
  4. ABC Hansen Africa makes use of cookies which allows the Data Subject to be identified upon re-visiting its website(s) and record their preferences in interacting with its website(s). Cookies can be disallowed by the Data Subject by disabling the necessary settings within the Data Subject’s browser
• DIRECT MARKETING 
  1. Where the Data Subject has consented thereto, ABC Hansen Africa Processes Personal Information for the purposes of direct marketing. 
  2. The Data Subject may refuse direct marketing, withdraw consent or opt out of receiving direct marketing communication by contacting the relevant Information Officer (via email or telephonically) listed in Schedule 2 hereto.

14.4 Direct marketing as it appears above only relates to electronic direct marketing.

• COMPLAINTS AND DISPUTE RESOLUTION 
  1. ABC Hansen Africa takes the interests of its clients and employees seriously and respects their data privacy. Should the Data Subject have any concerns, issues or complaints in respect of the Processing of Personal Information, the relevant Information Officer or the Information Regulator can be contacted.
  2. The contact details of the Information Officers are set out in Schedule 2. 
  3. The contact details of the Information Regulator are as follows: 

Physical Address: JD House

27 Stiemens Street

Braamfontein

Johannesburg

2001

Postal Address: P.O Box 31533

Braamfontein

Johannesburg

2017

E-mail (Complaints): complaints.IR@justice.gov.za

E-mail (General Enquiries): inforeg@justice.gov.za

• GENERAL 
  1. This Protection of Personal Information Policy is effective immediately. 
  2. ABC Hansen Africa reserves the right to amend its privacy policy at any time.

SCHEDULE 1: INFORMATION OFFICER 

The contact information of the Information Officers who should be contacted before contacting the Chief Information Officer are set out herein below:

The Chief Information Officer is:

Mario Reinhardt van Niekerk Tel 012 8030036   info@abchansenafrica.co.za 

The Deputy Information Officer is:

Natasha Edwards Tel 012 8030036   creditors@abchansenafrica.co.za